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HomeMy WebLinkAboutPENNCREDITINSURANCE NOT ON FILE WORK MAY NOT PROCEED CLERK OF COUNCIL DATE: AUG 2 6 2019 A-2019-120 EXHIBIT 2 SECOND AMENDMENT TO AGREEMENT p.tP%5 A �C6 W til lA, 14- THIS SECOND AMENDMENT TO AGREEMENT, made and entered into this 16th day of July, 2019, by and between Penn Credit Corporation, a California corporation (hereinafter "Consultant'), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS: A. The parties entered into that certain Agreement (#A-2014-146), dated June 17, 2014, (hereinafter "said Agreement") by which Consultant having special skill and knowledge in the field of debt collection agreed to perform such services to the City for debt's owing to the City and placed for collection commencing July 1, 2014, for which Consultant has provided debt collection services to the City. B. The Term of said Agreement was three (3) years effective as of July 1, 2014 and ending June 30, 2017. C. The parties subsequently into a First Amendment to Agreement (#A 2017-122), dated May 17, 2017 to amend the Term to provide for an additional two (2) year period beginning July 1, 2017 and ending June 30, 2019. The parties also amended the Scope of Services with respect to the types of debt for which the Consultant would provide collections services to the City on a go forward basis to include only "permissible debts" as set forth in the Federal Fair Credit Reporting Act (FCRA) guidelines effective September 1, 2016. D. In accordance with the terms and conditions of said Agreement, the parties wish to amend the Term to provide for an additional two (2) year period beginning July 1, 2019 and ending June 30, 2021. E. The parties also wish to amend the Scope of Services with respect to the types of debt for which the Consultant shall provide collections services to the City to include only debts assigned to Consultant prior to July 1, 2019. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: The parties hereto now desire to amend Section 1, subsection (A) of said Agreement, "SCOPE OF SERVICES" as follows: a. Define the term "overdue miscellaneous accounts receivable billings" to include only debts assigned to Consultant prior to July 1, 2019. 2. Section 3 of said Agreement, "TERM" shall be amended as follows: 25H-77 EXHIBIT 2 This Second Amendment to Agreement shall commence on July 1, 2019 and terminate on June 30, 2021, unless extended by subsequent amendment of this Agreement or terminated earlier in accordance with Section 12 of said Agreement. 3. This Second Amendment to said Agreement must be signed below and may be signed in counterpart and delivered by fax, emailed as a PDF (Portable Document Format) file attachment, or by other means that displays the original or a copy of the signatures. Any subsequent amendments may be signed and delivered in the same manner. {Signatures on following page) 25H-78 IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to Agreement the date and year first above written. e / • AEI Ly�'` DAISY GOMEZ CLERK OF APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney % By: , LISA STORCK Assistant City Attorney RECOMMENDED FOR APPROVAL: Kathryn Down , Executive Director Finance & Management Services Agency CITY OF SANTA ANA: I�AIDGE7 City Manager Fla THOMAS FOLEY,'JR, Chief Executive Officer Penn Credit Tax ID FEIN # 23-2470030 25H-80 ,A 2017-iZZ ACORa CERTIFICATE OF LIABILITY INSURANCE DATE (MM DD YY Y) 07/24/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Angela Mackey NAME: Gunn Mowery, LLC A/CNE Son. (717) 767-4800 1 nro No : (717) 761.0159 EMAIL ADDRESS: P O BOX 900 INSURERS AFFORDING COVERAGE NAICN INSURERA: Indian Harbor Insurance Company 36940 Camp Hill PA 17001-0900 INSURED INSURER 8 : INSURER C : Penn Credit Corp INSURER D 2800 Commerce Dr. INSURER E P O BOX 988 INSURERF: Harrisburg PA 17104 COVERAGES CERTIFICATE NUMBER: CL18102621785 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEDABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE ADOLSUOR p POLICY NUMBER POLICY /DEFF YV1'Y POLICY E P MOLICYEYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ TO RENTED CDAMAGE IAIM&MADE OCCUR PREMISES Ma occuoenca $ MED EXP (Any one person, $ PERSONALSADVINJURY $ GEWL AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ POLICY ❑ JECT LOC PRODUCTS-COMP/OPAGG $ $ OTHER. AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT e a cidenl $ BODILY INJURY (Per person) $ ANYAUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURV(Par scciden0 $ PROPERTY DAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY $ UM BRELLA LIAB OCCUR EACH CCCURR ENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED I I RETENTION S $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN I PER OTH- STATUTE R ANY PROPRIEPORMARTNERIEXECUTIVE E.L. EACH ACCIDENT s OFFICERIMEMBER EXCLUDED? ❑ MIA (Mandatory in NH) E.L DISEASE -EA EMPLOYEE S If yea, describe, elMer DESCRIPTION OF OPERATIONS below E.L. DISEASE- POLICY LIMIT $ Errors & Omissions Each Claim $5,000,000 A MPP903593001 11/01/2018 11/01/2019 Policy Aggregate $5,000,000 Deductible $75,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks ScheAule, may be sRached if more space is required) f A7p%2pY�/nzol9 1 J�0m, CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Santa Ana ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center AUTHORIZED REPRESENTATIVE Santa Ana CA 92701 ©1988.2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD - 7Ot 7 PENNC-3 /2Z OP ID: KT %� Uf CERTIFICATE OF LIABILITY INSURANCE DATE 312018 09/13/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION( ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endomement(s). PRODUCER Gallen Insurance Inc. PO Box 100 2237 Lancaster Pike PA 19607-0100 Dave Gallen CONTACT Mona Nelson NAME: Pa"c°NN E.t:610.898-6521 a/c Ne: 610-777-9957 E-MAIL mnelson nelson@galleninsurance.com ADDRESS: g leninsurance.com INSURER(S) AFFORDING COVERAGE NAICN INSURER A: Cincinnati Insurance Company 10677 _ __ _____ INSURED Penn Credit Corporation 2800 Commerce Drive INSURERS. — wsu4ER C: Harrisburg, PA 17170 INSURER U : INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NNMRFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE .AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE �OL UBR POLICY NUMBER POLICYEFF MMIDDM'YY POLICY EXP MMIDDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY _ Cl-AIMS-MADE OCCUR I X EPPOS02135 08/1912018 08/19/2019 EACH OCCURRENCE $ 1,000,00 PREMISEo E To M $ 500,00 MED EXP Anyone person) $ 10,000 PERSONAL E ADV INJURY $ EXC GEN'L AGGREGATE LIMIT APPLIES PER: POLICY FX7 PI- JECT 7 LCC GENERALAGGREGATE $ 2,000,0010 PRODUCTS - COMP_/OPAGG $ 2,000,00 $ OTHER'. AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY(P., Person) S ANY AUTO AOr�LED AUU TOSS L_J AUTOS AUTOS I BODILY INJURY (Per accident1 $ HIRED AUTOS N AU OSW"ED PROPERTY accident)DAMAGE $ IS X UMBRELIALIAB X i OCCUR EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 A EXCESS LIAB I (CLAIMS -MADE EPPOS02135 08M9/2018 08/1912019 OED I X I RETENTION$ 0 _ $ A WORKERS COMPENSATION AND EMPLOYERS'LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE YIN OFFICERIMEMBER EXCLUDED? (Mandatory in NH) NIA EWC0502191 08/19/2018 08119/2019 PER OTH- X STATUTE ER E.L. EACH ACCIDENT $ 1,000,00 E.L. DISEASE - EA EMPLOYEE $ 1,000,00 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASEPOLICYLIMIT $ 1,000,00 DESCRIPTION OF OPERATIONS/ LOCATION$/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more apace is required) Certificate Holder is included as Additional Insured for General Liability coverage but only when required by written contract and per policy terms and 7/Z t/IZp / conditions. �i�/Ilr,.u,.Bd Il 6y; /°u Z SANTAAN City of Santa Ana P.O. Box 1964 Santa Ana, CA 92702 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 1eRR.9n4A Ar.nPn r.n RPYIRATInN All rfnMc mmr,md ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD '`�o CERTIFICATE OF LIABILITY INSURANCE DATELMUYY) 11/30/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policyties) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder In Iieu of such endorsements . PRODUCER E. K. McConkey & Co. 2555 Kingston Road, Suite 100 York PA 17402 CONTACT Amanda Sides PHONE FAx (AK! N_• F.N- 717-505-3130 IA,c Ne,• 717-755-9237 A..RESB_asides@ekmcconkey.com INSURER E AFFORDING COVERAGE NAIC r INSURER A: Cincinnati Insurance Company 10677 INSURED PENNC-2 Penn Credit Corporation S 14Box 988 g Street 04 Harrisburg Harrisburg PA 17104 INsuReRs;Cincinnati Indemnity Company 23280 INSURER c:Navi ators Insurance Company 42307 INSURER D:Federal Insurance 20281 _ INSURER E : INSURER F: COVERAGES CERTIFICATE NUMBER: 1835635199 RE I UMB THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. "`SR LTR TYPE OF INSURANCE ADDL SM POLICY N BE POLICY EFF MMIDONYYY POUCYEXP MMIDn"ONY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ❑X OCCUR Y CPP3669867 8/19/2017 6/19/2018 EACH OCCURRENCE _ S1,000,000 DAMA ETO RENTED REMI $800,000 MEDEXP Anyone arson $10,000 PERSONAL &ADV INJURY SExcluded AGGREGATE LIMIT APPLIES PER: PRO- PRO ❑LOG POLICY❑ GENERALAGGREGATE $2,000,000 GEML X PRODUCTS -COMPIOPAGG S2,000,000 S OTHER: AUTOMOBILE LIABILITY I Ea accident $ ANYAUTO BODILY INJURY (Per person) 5 ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS NOWOMEO AUTOS BODILY INJURY (Peracciden0 S PROPERTY DAMA E P¢r a¢cidenf $ _ $ A X UMBRELLA DA, X OCCUR CPP3669857 8/19/2017 8/19/2018 EACH OCCURRENCE s10,000,000 EXCESS UAB CLAIMS -MADE AGGREGATE $10,000,000 DIED I X I RETENTION 30 $ B WORKERS AND EMPLO EAT LIABILITY YIN ANY PROPRIETORIPARTNER/EXECUTIVE ❑ OFFICERIMEMBER EXCLUDED? NIA WC1875254 8/19/2017 8/19/2018 x PT OTR& E.1- EACH ACCIDENT $1,000,000 E.L. DISEASE -EA EMPLOYEE $1.000.000 ,Mandatary In NMI if EeOw E.L. DISEASE - POLICY LIMIT St,000,000O3CubOGer C D Network Security Crime Crime- Third Party NY17NVSOBAUIPNO 68035829 8/19/2017 8/19/2017 8/19/2018 8/19/2018 Cyber $5,000,000 EE Dishonesty $5.000,000 3rd Parry $5,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES IACORD 101, Additional Remarks Schedule, maybe aeachad R more apace Is required) Certificate holder is included as Additional Insured with respect to General Liability as required by written contract. SEE ATTACHED ENDORSEMENT GA4721001 Z AhROEP 9P V vy Po � 4 City of Santa Ana PO Box 1964 Santa Ana CA 92702 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 9)1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD P12M eft OxTrorati n Policy # aP3669B67 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTOMATIC ADDITIONAL INSURED WHEN REQUIRED IN CONTRACT OR AGREEMENT WITH YOU This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. SECTION II - WHO IS AN INSURED, 2, is amended to Include: e. Any arson or or an¢ation, hereinafter referred to as ADD ITIO L NSURED: (1) Who or which is not specifically named as an additional Insured un- der any other provision of, or en- dorsement added to, this Coverage Part; and (2) For whom you are required to add as an additional insured on this Cover- age Part under: (1) A written contract or agreement; or (2) An oral agreement or contract where a certificate of Insurance showing that person or organization as an additional insured has been issued; but only with respect to liability arising out of "your work" performed for that addi- tional Insured by you or on your behalf. A person or organization's status as an in- sured under this endorsement continues for only the period of time required by the written contract or agreement, but in no event beyond the expiration date of this Coverage Part, If there is no written con- tract or agreement, or If no period of time is required by the written contract or agreement, a person or organization's status as an insured under this endorse- ment ends when your operations for that Insured are completed. 2. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS Is amended to in- clude: 1. Automatic Additional Insured Provision The written or oral contract or agreement must be currently in effect or become ef- fective during the term of this Coverage Part. The contract or agreement also must be executed prior to the "bodily in- jury", "property damage' or "personal and advertising injury" to which this endorse- ment pertains. 2. Conformance to Specific Written Con- tract or Agreement If a written contract or agreement be- tween you and the additional Insured specifies that coverage for the additional insured: a. Be provided by the Insurance Serv- ices Office additional Insured form number CG 20 10 or CG 20 37 (where edition specified); or b. Include coverage for completed op- erations; or c. Include coverage for "your work'; and where the limits or coverage pro- vided to the additional insured is more re- strictive than was specifically required in that written contract or agreement, the terms of Paragraphs 3., 4.a.(2) and / or 4.b„ or any combination thereof, of this endorsement shall be interpreted as pro- viding the limits or coverage required by the terms of the written contract or agreement, but only to the extent that such limits or coverage Is included within the terms of the Coverage Part to which this endorsement is attached. If, how- ever, the written contract or agreement specifies the. Insurance Services Office additional insured form number CG 20 10 but does not specify which edition, or specifies an edition that does not exist, Paragraphs 3, and 4.a.(2) of this en- dorsement shall not apply and Paragraph 4.b, of this endorsement shall apply. 3. SECTION III - LIMITS OF INSURANCE Is amended to include: The limits applicable to the additional insured are those specified in the written contract or agreement or in the Declarations of this Cov- erage Part, whichever are less. If no limits are specified in the written contract or agreement, or if there is no written contract or agreement, the limits applicable to the additional Insured are those specified in the Declarations of this Coverage Part. The limits of insurance are in- clusive of and not in addition to the limits of insurance shown in the Declarations. 2o/g GA 472 10 01 APP� copyrighted material Insurance rN1''y s Office, Inc., with its permission. /fie c i �G C L y: f� E' . l �.. Page 1 of 2 4. The following are added to SECTION 1 - c. "Bodily Injury" or "property damage" aris- COVERAGES, COVERAGE A. BODILY ing out of "your work" for which a consoli- INJURY AND PROPERTY DAMAGE dated .(wrap. -up.) insurance. program. has.. LIABILITY, 2. Exclusions and SECTION I - been provided by the prime contractor / COVERAGES, COVERAGE B. PERSONAL project manager or owner of the con - AND ADVERTISING INJURY LIABILITY, 2. struction project in which you are in - Exclusions: volved. The insurance provided to the additional In- 5. SECTION IV - COMMERCIAL GENERAL sured does not apply to: LIABILITY CONDITIONS, 5. Other Insurance a. "Bodily injury", "property damage" or is amended to include: "personal and advertising injury" arising a. Where re—uJed by a written contractor out of the: agreement, this insurance is orimary and (1) Rendering of, or failure to render, or�tributory as respects any other insurances policy issued to the additional any professional architectural, engi- insured, and such other insurance policy nearing or surveying services, in- shall be excess and / or noncontributing, cluding: whichever applies, with this insurance. (a) The preparing, approving or failing to or approve b. Any insurance provided by this endorse - prepare maps, shop drawings, opinions, ment shall be primary to other insurance reports, surveys, field orders, available to the additional insured except: change orders or drawings and (1) As otherwise provided in -SECTION specifications; and IV - COMMERCIAL GENERAL (b) Supervisory, inspection, archk LIABILITY CONDITIONS, 5. Other Insurance, b. Excess Insurance; or tectural or engineering activities; (2) Sole negligence or willful misconduct (2) For any other valid and collectible in - urance available to the additional of, or for defects in design furnished insurean additional insured by insure by, the additional insured or its "em- attachment of an endorsement to ployees". another insurance policy that is writ- b. "Bodily injury" or "property damage" aris- ten on an excess basis. In such ing out of "your work" included in the case, the coverage provided under "products -completed operations hazard". this endorsement shall also be ex- cess. GA 472 10 01 Includes copyrighted material of Insurance Services Office, Inc., with its permission. APPROVED P<'�P 3 3 Page 2 of 2